Legal Analysis for the Global Employer

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Tag Archives: Eb-5

The Department of State (DOS) released the July 2017 Visa Bulletin. The final action dates for Chinese and Indian nationals in the employment-based, first preference (EB-1) category remain unchanged with cutoff dates of Jan. 1, 2012. It is expected that this EB-1 retrogression for China and India will last until October 2017 when the new fiscal … Continue Reading

According to the June 2017 Visa Bulletin released by Department of State and effective June 1, there will be significant retrogression in the EB-1 category for individuals born in mainland China and India. While the current cutoff date for worldwide chargeability in the EB-1 category will remain current, the final action dates for Chinese and … Continue Reading

The Business Immigration & Compliance Practice of Greenberg Traurig, LLP is pleased to announce that Jennifer Hermansky has been elevated to shareholder in the Philadelphia office. Hermansky focuses her immigration practice on both employment-based and family-based immigration. Specifically, she focuses her practice on EB-5 immigrant investor visas. She has prepared and filed many immigrant investor … Continue Reading

The Department of State’s (DOS) March 2017 Visa Bulletin showed some minor movement in some employment-based categories, with more significant movement in other employment-based visa categories. The Worldwide EB-1 category remains current for all categories, including individuals born in mainland China, El Salvador, Guatemala, Honduras, India, Mexico, and the Philippines. The cutoff date for worldwide … Continue Reading

Greenberg Traurig attorney, Nataliya Rymer, was recently cited in the Notice of Proposed Rulemaking (NPRM) seeking to amend the current EB-5 regulations, which was published in the Federal Register pursuant to the Administrative Procedure Act. Rymer’s article U.S. Department of State Announces EB-5 Visas for China Unavailable Until October 1, 2014, which appeared in the National … Continue Reading

On May 4, 2016, the Department of Homeland Security (DHS) published a notice of proposed rulemaking in the Federal Register inviting public comment on a proposed increase in the U.S. Citizenship and Immigration Services (USCIS) Fee Schedule, which we previously wrote about. This proposed rule was subsequently adopted as final on Oct. 24, 2016, and … Continue Reading

The U.S. House of Representatives and Senate have passed the Continuing Resolution (CR) legislation to keep the government open through April 28, 2017. As with the CR in late September that extended the EB-5 Regional Center program and the other three immigration programs, this CR will create a clean extension through April 28. The legislation extends … Continue Reading

The Department of Homeland Security (DHS) released the Fall Unified Agenda, updating the Improvement of the Employment Creation Immigrant Regulations. DHS has now moved the stage of rulemaking from “long-term actions” to “proposed rule stage.” This new release also changes the date of the Notice of Proposed Rulemaking (NPRM) from “to be determined” to January … Continue Reading

Greenberg Traurig attorneys Kate Kalmykov and Jennifer Hermansky will be speaking at the 2016 AILA EB-5 Conference to be held Oct. 24-25, 2016, at the Renaissance Washington, D.C. Downtown Hotel in Washington, D.C. Kate will speak on a panel entitled Securities Enforcement by SEC, State, and Private Parties along with the SEC Deputy Director of … Continue Reading

The Department of State released the November Visa Bulletin, which contains some movement of final action dates in certain employment-based categories. The Worldwide EB1-1 category remains current for all categories, including individuals born in mainland China, El Salvador, Guatemala, Honduras, India, Mexico and the Philippines. The cutoff date for worldwide chargeability in the EB-2 category … Continue Reading

The Legal Intelligencer’s editorial staff selected the top 25 attorneys across Pennsylvania for the 2016 Top Women in Law recognition. This year, Greenberg Traurig attorney Jennifer Hermansky was recognized and included on the list. The attorneys listed were selected for their notable achievements in the practice of law. To read the full article, click here. … Continue Reading

This week, the Department of State released the Visa Bulletin for October 2016. EB-5 Unfortunately, the expected movement as the U.S. government begins a new fiscal year did not materialize for the EB-5 visa category. The date for final action for the EB-5 visa category for mainland China born applicants advanced only one week from … Continue Reading

On Feb. 8, 2016, the March 2016 Visa Bulletin was released (previously covered by Greenberg Traurig here). Shortly thereafter, on Feb. 17, 2016, AILA “checked in” with Charles (Charlie) Oppenheim, chief of the Visa Control and Reporting Division, U.S. Department of State, to obtain his analysis of current developments and his future predictions. Below are highlights … Continue Reading

Global law firm Greenberg Traurig, LLP welcomes Rosanna Michelle Fox to the Business Immigration & Compliance Practice as it continues to grow its New York Immigration Practice. Fox, previously a partner at Gibney, Anthony & Flaherty, LLP, joins as a shareholder. Fox focuses her practice on EB-5 compliance, immigrant and nonimmigrant visas, and employment compliance. She … Continue Reading

On Dec. 14, 2015, USCIS released the Visa Bulletin Charts for January 2016, in conjunction with the Visa Bulletin, USCIS announced that Family-sponsored immigrant visa applicants may use the “Dates of Filing” chart for January 2016 for filing adjustment of status applications, but Employment-based applicants must use the “Final Action Dates” chart for January 2016. … Continue Reading

Jordi S. Bayer, Dillon R. Colucci, and Lauren A. Tetenbaum, members of Greenberg Traurig’s Business Immigration & Compliance Group, were invited to speak on September 8, 2015 at an international student orientation event at Fordham University regarding post-graduate immigration options for students. Tetenbaum provided an overview of U.S. immigration law, including the various agencies involved, … Continue Reading

Congressional efforts to pass sweeping immigration reform have stalled following the 2013 Senate passage of S.744, the Border Security, Economic Opportunity, and Immigration Modernization Act. But lawmakers continue to press the case that our system of employment-based immigration merits congressional attention. A quick survey of legislation introduced during the first session of the 114th Congress … Continue Reading

The Department of State’s (DOS) July Visa Bulletin brings some good news for China indicating that that the EB-5 immigrant visa category will advance by four months for China, from May 1, 2013 to September 1, 2013. This development has come as a bit of a surprise to those of you who follow Charles (“Charlie”) Oppenheimer’s, chief … Continue Reading

The U.S. Department of State (DOS) recently released the May 2015 Visa Bulletin in which significant movement should be noted in the employment-based classification for nationals of the Philippines in the EB-3 category, for Indian nationals in the EB-2 category, and for Chinese nationals in the EB-2 and EB-5 categories. Specifically, the Visa Bulletin shows … Continue Reading

Following is the Chinese translation of a previously published blog post: 2015年4月13日，在华盛顿举行的“赴美投资”会议上，美国国务院签证控制和披露处负责人Charles Oppenheim宣布，自2015年5月1日开始，中国的EB-5申请人将面临排期。Oppenheim实际上在2014年10月的时候就已经暗示这一天会到来。2015年5月的签证公告进一步证实了这点。因此，这将意味着中国的EB-5移民签证类别会面临2年的排期，截止日期为2013年5月1日。截止日期将决定EB-5移民签证的发放顺序。截止日是由I-526申请提交的日期决定的。每个I-526申请的批准通知中的优先日一栏中都会列出一个日期。因此，根据2015年5月的签证公告，截止日划定在2013年5月1日，意味着在2015年5月，只有优先日早于2013年5月1日或者优先日是2013年5月1日的中国EB-5申请人（及其受益申请人）才能申请EB-5移民签证。签证公告中的日期或者向前推进，或者倒退，或者保持不变，这些变化每个月都回定期公布。因此，对于申请人来说，通过每个月查询国务院的签证公告来判断自己的优先日是否有效，至关重要。我们之前发表的博客文章详细的解释了怎样使用签证公告。… Continue Reading

On April 13, 2015, at the Invest In the USA (IIUSA) Conference in Washington D.C., Chief of the Visa Control and Reporting Division of the U.S. Department of State Charles Oppenheim reported that the EB-5 China immigrant visa category will retrogress beginning May 2015. Oppenheim has indicated since October 2014 that this day would come. … Continue Reading

The Department of State’s (DOS) January Visa Bulletin brings some New Years cheer for China and “All Other Countries” designations indicating that that the EB-3 subcategory for professionals and skilled workers will advance by nine months for China, from June 1, 2010 to March 1, 2011, and seven months for “All Other Countries,” from November 1, … Continue Reading

On Nov. 7, 2014, the November 2014 Visa Bulletin was released. Shortly thereafter, on Nov. 13, 2014, AILA “checked in” with Charles (“Charlie”) Oppenheim, chief of the Visa Control and Reporting Division, U.S. Department of State, to obtain his analysis of current trends and future projections for the various immigrant preference categories. The checkup is … Continue Reading

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